Capacity Flashcards
1918 General Statement of Capacity
All persons are presumed to have capacity to contract except
1. Unemancipated minors
2. Interdicts
3. Person deprived of reason at the time of contracting
1922 Fully emancipated minor
A fully emancipated minor has full contractual capacity.
- a person who is unemancipated is a person under 18 and under a legal guardian
- a person may be fully emancipated or have limited emancipation.
- a person may be fully emancipated by (1)turning 18 (2) getting married or (3) get emancipated by an authentic act.
1923 Incapacity of unemancipated minor; exceptions
A contract by an unemancipated minor may be rescinded on grounds of incapacity EXCEPT (1) when the contract is made for the purpose of providing the minor with something necessary for his support or education (2) or for a purpose related to his business
1924 Meer representation of majority
The mere representation of majority by unemancipated minor does not preclude an action for recession of the contract: Thus, a contract may not be rescinded when the other party REASONABLY relies upon the minor’s representation of majority
1925 Noninterdicted person deprived of reason; protection of innocent contracting party by onerous title.
ON FINAL
A non interdicted person deprived of reason at the time of contracting may obtain recession of an onerous contract upon the ground of incapacity only upon showing that the other person knew or should have known the that person’s incapacity.
- if the contract is gratuitous, only need to show incapacitation at the time of contract. DO NOT have to show that the other party knew or should have known.
1926 Attack on non interdicted decedent’s contracts
A contract made by a non interdicted person deprived of reason at the time of contracting may be attached after his death on grounds of incapacity ONLY
The date of interdiction starts the day the petition is filed in court.
There are 2 kinds of interdicts FULL and LIMITED
a person is an interdicted when they are incapable of making decisions for themselves or for themselves (i.e., often the person has a physical or mental inability to make reason decisions). The court will appoint a curator for the interdicted person as their legal guardian (representative).
Interdiction is a matter of record
365 Emancipation
There are 3 kinds of emancipation
1. Judicial emancipation
2. Emancipation
3. Limited emancipation by authentic act
366 Judicial emancipation
A court may order for good cause the full limited emancipation of a minor 16 or older.
Full emancipation confers all effects of majority on the person emancipated.
Limited emancipation confers the effects of majority specified in the judgement of limited emancipation, unless otherwise provided by law.
367 Emancipation by marriage
A minor of 16 or 17 is fully emancipated by marriage. Termination of marriage does not affect emancipation by marriage. Emancipation by marriage may not be modified or terminated.
368 Limited emancipation by authentic act
An authentic act of limited emancipation confers upon a minor 16 or over the capacity to make kinds of specific juridical acts provided by law
369 Emancipation; when effective
Judicial emancipation is effective when the judgment is signed. Emancipation by marriage is effective upon marriage. Limited emancipation by authentic act is effective when the act is executed.
1919 Right to plead recession
Contract made by a person without legal capacity is RELATIVELY NULL and may be reminded only at the request of that person or his legal representative
Only the incapable person or his legal representative is allowed to raise the former’s lack of capacity as a basis for rescinding a contract
1920 Right to require confirmation or recession of the contract
Immediately after discovering the incapacity, a party, who at the time of contracting was ignorant of the incapacity of the other party may require from that party, if the incapacity has ceased, or from the legal representatives of it has not , that the contract be (1) confirmed or (2) Rescinded.
Thus a capable party does not have to wait until the incapable party chooses to confirm or attack the validity of the contract in order to discover whether or not its valid.
24 Kinds of persons
there are 2 kinds of persons (1) natural and (2) judicial. A natural person is a human being. A juridical person is an entity such as a corp or partnership.
27 General legal capacity.
A natural person who has reached majority has capacity to have legal rights and duties.
